IRS State Audit
IRS Wage Garnishment – State Tax Wage Garnishment
If you owe taxes to the IRS or any state tax collection agency, the respective agency has the authority to garnish a portion (or all) of your wages. They will send a wage levy order to your employer, who will then withhold the ordered amount from your paycheck and send it directly to the taxing agency. Employers have to comply with the state tax wage garnishment or IRS wage garnishment order; and they may even be held liable for the payment. Thankfully, the tax authorities usually do not start garnishing your wages until you have explored all other options to deal with your tax debts.
If you are concerned that you might face a wage garnishment, you should consult an experienced tax attorney at the earliest possible. Your lawyer will give you the right advice and help you protect your legal rights.
Typically, creditors require a court order to garnish your wages. However, the Internal Revenue Service (IRS) and some state taxing agencies have the authority to levy your wages and bank accounts, without a court order. The IRS can use different forms of tax levy, including a wage garnishment, a bank levy, and a property seizure, to collect the amount owed.
However, the IRS must follow certain guidelines for wage garnishment. The following requirements must be met before the agency can start garnishing your wages.
- After assessing your tax, the IRS must send you a written notice and a Demand for Payment, clearly stating the amount owed and the due date.
- If you neither pay the due amount nor settle up with the IRS within the stated time, the IRS then must send you a Final Notice of Intent to Levy and a Notice of Your Right to a Hearing, at least 30 days before implementing the wage garnishment. The final notice must be sent to your last known address.
Any wage levy notice sent to you as per the above garnishment rules would certainly take effect – irrespective of whether or not you actually receive the notice. This means that you may face a wage garnishment, without even knowing about it until your paycheck is actually garnished.
There are a number of ways to stop a wage garnishment, but you have to act fast! If you are faced with a wage levy, contact us right away! Our experienced former IRS Tax attorneys will help you avoid the wage garnishment, if possible. They will quickly gain an insight into your tax situation and provide you the best advice accordingly. They will also take the necessary steps on your behalf to stop the garnishment. Whether settling with the IRS, working with revenue officers, or filing a bankruptcy – we’ll do what it takes to help you avoid garnishment.
What are you waiting for! Contact us now at 310-883-7930 for a Free Consultation with our experienced tax attorneys!
At LA Tax Law, we have a team of highly qualified former IRS lawyers, headed by a former IRS Attorney Mouris Behboud. With more than eight years of experience representing the IRS, Behboud knows the requirements and loopholes of federal income tax laws inside out. He’ll work on your behalf to negotiate the arrangement that works the best for you.
If you are facing a State Tax Wage Garnishment, start by knowing about the garnishment laws in your state. You’ll find ample information over the internet. You can also visit the website of The Department of Labor to know more about wage garnishment. If are not sure how much the IRS can garnish, consider checking out the 2011 IRS table.